The Trade in Animals and Related Products (Wales) Regulations 2011

Regulation 26

SCHEDULE 3 E+W Cases to which Part 3 does not apply

Disapplication of Part 3 E+W

1.  Part 3 of these Regulations does not apply in the cases set out in this Schedule.

Case 1: Personal imports and small consignments E+W

[F1 2.   Products referred to in Article 7 and Article 10 of the Commission Delegated Regulation adopted in accordance with Article 48(d) and (e) of the EU Regulation M1 .]

Textual Amendments

F1 Sch. 3 para. 2 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(a)

Marginal Citations

M1 The Commission Delegated Regulation was adopted in Brussels on 10.10.2019 under reference C(2019) 7007 final, but the instrument was not published in the Official Journal.

Case 2: International means of transport E+W

3.  Products on board means of transport operating internationally that are intended for consumption by the crew and passengers and that are either—

(a) not unloaded;

(b) transferred directly from one means of transport operating internationally to another at the same port and under customs supervision; or

(c) destroyed as soon as they are unloaded.

[F2 Case 3: Research and diagnostic samples E+W

4.— (1) Research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 M2 are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Welsh Ministers and the consignment is sent directly from the point of entry to the authorised user.

(2) In relation to such samples arriving in the United Kingdom and destined for a member State—

(a) the importer or importer’s representative must present research and diagnostic samples at a border control post of entry; and

(b) the competent authority of the border control post must inform the competent authority of the member State of destination of the arrival of the samples.]

Textual Amendments

F2 Sch. 3 para. 4 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(b)

Marginal Citations

M2 OJ No. L 54, 26.2.2011, p. 1, as last amended by OJ L. 185, 11.7.2019, p. 26.

Case 4: Consignments cleared in [F3 a] member State E+W

5.  Consignments of animals and products that have been presented to a border inspection post in [F4 a] member State or another part of the United Kingdom and have been cleared for free circulation.

Textual Amendments

F3 Word in Sch. 3 para. 5 heading substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(c)

F4 Word in Sch. 3 para. 5 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(d)

Case 5: Composite products E+W

6.—(1) Composite products and foodstuffs listed in Annex II to Commission Decision 2007/275/EC.

(2) Composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(a) shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(b) clearly identified as intended for human consumption;

(c) securely packaged or sealed in clean containers; and

(d) accompanied by a commercial document and labelled in an official language of a member State, so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient.

Case 6: Animals subject to rabies control E+W

7.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M3 and imported in accordance with a licence under that Order.

Marginal Citations

M3 S.I. 1974/2211 to which there are amendments not relevant to these Regulations.

[F5 Case 7: Invertebrate animals intended for scientific purposes E+W

8.— (1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 M4 , provided that—

(a) they comply with all requisite animal health requirements;

(b) they have been authorized by the Welsh Ministers ;

(c) when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin.

(2) Sub-paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.]

Textual Amendments

F5 Sch. 3 para. 8 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(e)

Marginal Citations

M4 OJ No. L. 317, 4.11.2014, p. 35.